Patna High Court
Viru KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to a bond and specific conditions.
Summary
Viru Kumar was arrested on 27 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for the alleged possession of 150 litres of country‑made Mahua wine. The petitioner claimed he was falsely implicated, stating that the co‑accused had disclosed that the wine was recovered from the co‑accused and that the petitioner merely escaped from the scene. The prosecution opposed bail, highlighting eight prior criminal antecedents, though the petitioner was already on bail in seven other cases and one case was pending. The court examined the facts, the co‑accused’s statement, and the petitioner’s criminal record, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that any breach of conditions could lead to cancellation of bail.
Issues considered
- What is the appropriate exercise of judicial discretion in granting bail to an accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, considering the presence of prior criminal antecedents?
- Whether the co‑accused’s statement that the petitioner merely escaped from the scene is sufficient to justify bail despite the recovery of a large quantity of illicit liquor.
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Mahua wine
- criminal antecedents
- co‑accused statement
- judicial discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24813 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Viru Kumar S/o- Hoti Rai Resident Of Village- Purvi Nandgola, Ps-
Malsalami, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Arvind Prasad Singh, learned counsel for
the petitioner and Mr. Umanath Mishra, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
27.02.2026 in connection with Malsalami P.S. Case No. 36 of
2026, F.I.R. dated 21.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Recovery is of 150 liters of country made Mahua
wine.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that altogether 150 liters of
country made Mahua wine has been recovered from the co-
accused Chottu Kumar @ Suraj Giri and he has disclosed the
Patna High Court CR. MISC. No.24813 of 2026(2) dt.22-04-2026
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name of the petitioner in the present occurrence that he escaped
from the place of occurrence. He further submits that except the
disclosure made by the apprehended co-accused person, nothing
has come during investigation which suggest the involvement of
the petitioner in the present occurrence. The petitioner is in
custody since 27.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries eight criminal antecedents
other than the present one but fairly submits that he is on bail in
seven cases and one case is pending for consideration before the
competent court of law.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Special
Judge, Excise Patna City in connection with Malsalami P.S.
Case No. 36 of 2026 subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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